Briefing Schedule Set in FCC Joints Sales Agreement/Media Ownership Challenge

The US Court of Appeals for the DC Circuit has set the briefing schedule on broadcaster challenges to the Federal Communications Commission's April 2014 media ownership rule decision, but has made those briefs far briefer than broadcasters had requested. Initial petitioner briefs, there will be two of them, will be due to the court April 13. One of those is being filed by the National Association of Broadcasters, Nexstar and Howard Stirk Holdings, the other by Prometheus Radio Project. Both have issues with the FCC decision, but Prometheus is opposing what the other broadcasters support, and vice versa. There are intervening deadlines for briefs from amici and intervenors on both sides. The FCC's brief is due June 11. Reply briefs are all due July 27. Final briefs are due Aug. 6. If the court holds to form, that means oral argument in the case will be no sooner than late September 2015.

The National Association of Broadcasters et al. are challenging the FCC's decision to make joint sales agreements of over 15 percent attributable as ownership interests, saying the decision was arbitrary and capricious. Prometheus says that decision was arbitrary and capricious, too, but because the FCC did not explain why 15 percent was the magic number, and because it did nothing to rein in other sharing arrangements.